Vermilion City Zoning Code
CHAPTER 1282
Docks
1282.01 DEFINITIONS.
As used in this chapter:
(a) "Dock" means any dock, wharf, structure or fixed platform extending out over the water and built on floats, columns, open timber, piles or similar open - work supports.
(b) "Pier" means any structure extending out over the water and built upon fill.
(c) "Rafting" means the parking of a watercraft by linking or otherwise connecting such watercraft to another.
(d) "Structure" means any pier, wharf, dolphin, dock, weir, boom, breakwater, bulkhead, revetment, reprays, jetty, permanent mooring structure, power transmission line, permanently moored floating vessels, pilings, aids to navigation or other obstacle or obstruction.
(e) "Watercraft" means any yacht, boat, canoe or other water vehicle.
(Ord. 94-108. Passed 2-20-95.)
1282.02 AUTHORITY OF BUILDING INSPECTOR.
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Building Inspector.
(Ord. 94-108. Passed 2-20-95.)
1282.03 RECORDS; COPIES OF PERMITS.
The Building Inspector shall keep or cause to be kept a record in regard to any decision, determination or conclusion reached by him or her in connection with the enforcement of this chapter. It shall also be his or her duty to keep records of all applications for permits and the actions taken thereon. A copy of a permit issued shall be furnished on request to any person having a proprietary or tenancy interest in land affected.
(Ord. 94-108. Passed 2-20-95.)
1282.04 CONSTRUCTION, MAINTENANCE, ETC.; PERMIT REQUIRED.
No dock, pier or structure shall be placed, located, constructed, maintained or used in any waters bounding the City without a permit issued in accordance with this chapter. Any such dock, pier or structure shall be unlawful until a permit is issued. (Ord. 94-108. Passed 2-20-95.)
1282.05 PERMIT APPLICATIONS.
Only owners or persons with a possessory interest in property fronting on a river or on Lake Erie may apply for a permit. In any instance in which the Building Inspector is required to consider a permit under this chapter, an applicant shall submit an application on a form prescribed by the Building Inspector. The application shall be submitted with a thirty-five dollar ($35.00) fee and accompanied by a plot plan drawn to scale and accurately dimensioned showing the location of all existing and proposed docks, piers, and structures abutting or used in connection with the applicant's lot, including off-street parking, and any docks, piers, or structures within one hundred feet of such existing or proposed docks, piers, or structures. The plot plan shall also show the applicant's parcel lines. The applicant shall provide such other information as the Building Inspector may require, including, but not limited to, filings with or permits from Federal, State and County authorities, a description of the manner of construction of materials to be used, and evidence of ownership or possessory right to the abutting riverbank or shoreline.
(Ord. 2018-57. Passed 10-22-18.)
1282.06 ISSUANCE OF PERMIT.
If the proposed dock, pier or structure conforms to the requirements of this chapter, and does not impair navigational safety or unreasonably restrict public or private access to navigable waters, the Building Inspector shall issue a permit for such dock, pier and/or structure. The permit shall become effective thirty days from the date of its issuance, unless, within such thirty day period, the issuance of such permit is appealed as hereinafter provided, in which event such permit shall take effect upon the resolution of such appeal upholding such issuance.
(Ord. 94-108. Passed 2-20-95.)
1282.07 APPEAL.
Any person aggrieved by an action of the Building Inspector taken pursuant to the provisions of this chapter, including any officer, department or bureau of the City, may appeal to City Council by notice to the Clerk of City Council given within thirty days of the date of such decision by the Building Inspector. City Council shall schedule a hearing within thirty days of the receipt of such notice of appeal by the Clerk of City Council, and hear and decide any question involving the interpretation of any provision of this chapter. If the party appealing the decision of the Building Inspector is other than the applicant for the permit, then the Clerk of Council shall furnish the applicant with notice of such appeal at least ten days prior to the date of such hearing.
(Ord. 94-108. Passed 2-20-95.)
1282.08 DURATION, TRANSFER AND MODIFICATION, SUSPENSION OR REVOCATION OF ERMITS.
(a) Permits issued under this chapter shall continue in effect until modified, suspended or revoked as hereinafter set forth.
(b) Permits issued under this chapter shall not be transferable.
(c) City Council may re-evaluate the circumstances and conditions of any permit issued under this chapter either on its own motion, at the request of the permittee or a third party, or at the request of the Building Inspector. City Council may modify, suspend for an indefinite duration, or revoke, a permit as may be necessary in consideration of the public interest. Among the factors to be considered are the extent of the permittee's compliance with the terms and conditions of the permit; whether or not circumstances relating to the authorized activity have changed since issuance of the permit, and the continuing adequacy of the permit conditions; any significant objections to the authorized activity that were not earlier considered; revisions to applicable statutory or regulatory authorities; and the extent to which modification, suspension or revocation would adversely affect plans, investments and actions the permittee has reasonably made or taken in reliance on the permit. However, City Council shall not modify, suspend or revoke any permit granted pursuant to this chapter until and after a public hearing is held on such proposed action, of which the permit holder is given at least thirty days prior written notice.
(Ord. 94-108. Passed 2-20-95.)
1282.09 INSTALLATION AND REMOVAL DATES.
Docks may be installed no earlier than March 1 of any year, and must be removed no later than December 1 of such year.
(Ord. 94-108. Passed 2-20-95.)
1282.10 STANDARDS FOR DOCKS AND PIERS.
All docks, piers and structures must comply with the following standards:
(a) All docks and piers shall be constructed of sturdy, durable and stable materials capable of maintaining position and location, safely supporting pedestrian traffic, and resisting lateral loads resulting from wind, wave, current and impact forces.
(b) Docks, piers and structures shall be constructed, whenever possible, to permit the free circulation of water, reduce the effects of fluctuating water levels, and prevent adverse modification of the shoreline.
(c) Docks, piers and structures shall at all times be maintained in accordance with the provisions of this chapter in a sturdy, durable and safe condition and in conformity with generally accepted standards.
(d) Wood docks, piers or structures must be constructed of treated lumber. Wood docks must have supports which have a minimum width on each side of four inches or, if cylindrical, which have a minimum diameter of at least three inches.
(Ord. 94-108. Passed 2-20-95.)
1282.11 WIDTH AND LENGTH OF DOCKS AND PIERS.
(a) All docks and piers must have a width of at least twenty-four inches.
(b) No dock, pier or structure shall extend into the navigable waterway more than forty feet (excluding any distance cut back into the shoreline or riverbank to accommodate such dock or pier.
(c) The length of any dock or pier shall not exceed twenty-five percent of the width of the navigable waterway at that point (exclusive of any cutback referred to in subsection (b) hereof).
(d) No dock, pier or structure shall interfere with the normal flow of watercraft traffic. (Ord. 94-108. Passed 2-20-95.)
1282.12 MAXIMUM NUMBER OF WATERCRAFT.
Unless a marina permit is obtained pursuant to Ohio R.C. 3733.21 et seq., the maximum number of watercraft that may be docked at any one time for any one property (including watercraft docked to each other) is six.
(Ord. 94-108. Passed 2-20-95.)
1282.13 RAFTING.
(a) The maximum time for rafting of any watercraft in waters abutting any one property is seventy-two hours.
(b) The maximum number of watercraft that may be rafted with respect to any one property shall be four at any one time.
(c) No watercraft shall be rafted if, as a result thereof, it extends (1) more than forty feet into the navigable waterway, (2) into the navigable waterway by more than twenty- five percent of the width of the navigable waterway at that point, or (3) more than forty feet from the riverbank or shore.
(Ord. 94-108. Passed 2-20-95.)
1282.14 OFF-STREET PARKING.
The owner or occupant of any property who permits others to use his or her dock or pier for a fee must have on such property at least one off-street parking space (in addition to one off-street parking space for each vehicle owned by the owner or occupant of the property) for each boat docked for a fee at any one time.
(Ord. 94-108. Passed 2-20-95.)
1282.15 INSURANCE.
The owner or occupant of any property who permits others to use his or her dock or pier for a fee shall maintain in force, and upon request of the Building Inspector shall furnish evidence that he or she has obtained and is maintaining in force, a policy of general liability insurance covering such dock or pier with a combined single limit of not less than five hundred thousand dollars ($500,000), issued by a solvent insurance company licensed to issue such insurance in the State of Ohio.(Ord. 94-108. Passed 2-20-95.)
1282.16 CONFORMITY TO ZONING CODE.
Nothing in this chapter shall be deemed to permit any property to be used for a purpose not otherwise allowed by the applicable provisions of this Zoning Code. Without limiting the generality of the foregoing, in no event shall the owner of residentially zoned property be permitted to engage in the business of renting docks or piers.
(Ord. 94-108. Passed 2-20-95.)
1282.17 APPLICATION OF CHAPTER.
This chapter shall apply to all docks, piers and structures, except as follows:
(a) Docks, piers and structures permanently installed prior to March 22, 1995, shall be exempt from the provisions of Sections 1282.04, 1282.10 and 1282.11. Docks, piers and structures that are replaced or modified to the extent of twenty-five percent of the replacement value shall not be deemed permanent and shall be subject to such sections.
(b) This chapter shall not apply to marinas which are governed by Section 3733.21 et seq. of the Ohio Revised Code, as the same may be amended.
(Ord. 94-108. Passed 2-20-95.)
1282.18 OTHER LAWS APPLICABLE.
Nothing in this chapter shall excuse a person who desires to install a dock, pier or structure from complying with all applicable Federal, State and County laws and regulations.
(Ord. 94-108. Passed 2-20-95.)
1282.19 REMOVAL OF VIOLATIONS.
(a) All docks, piers or other structures installed or existing in violation of the requirements of this chapter, or which are deemed by the Building Inspector to be unsafe, shall be removed within fifteen days after notice from the Building Inspector.
(b) If any dock, pier or other structure that is required to be removed pursuant to subsection (a) hereof is not removed within the time required by subsection (a) hereof, then, without the need for further notice, the City shall have the right to remove and store and/or dispose of such dock, pier or other structure to a location and/or in a manner of the City's selection. All persons causing or contributing to such violation shall jointly and severally be liable for all costs and expenses associated with the removal and storage and/or disposition of such dock, pier or other structure, and the City shall have the right to recover such costs and expenses in a suit at law.
(Ord. 94-108. Passed 2-20-95.)
1282.99 PENALTY.
Whoever violates any of the provisions of this chapter is guilty of a minor misdemeanor for a first offense and shall be fined not more than one hundred dollars ($100.00). For any subsequent offense such person shall be guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred and fifty dollars ($250.00) or imprisoned not more than thirty days, or both.
(Ord. 94-108. Passed 2-20-95.)